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Bombay High Court

KUNAL NAMDEV MAHALEversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Allowed

Holding

The court granted anticipatory bail to the applicant, subject to stringent conditions, as the only allegation was assistance in disposing of a dead body and there were no prior antecedents.

Summary

The High Court considered an anticipatory bail application filed by Kunal Namdev Mahale, who was alleged to have helped a co‑accused dispose of a dead body, constituting destruction of evidence. The applicant argued that he had complied with earlier court orders and had no prior criminal antecedents. The respondent State emphasized the seriousness of the offence. The court found that the sole allegation against the applicant was assistance in body disposal and, given his compliance and lack of antecedents, granted anticipatory bail subject to stringent conditions, including furnishing a bond, regular police attendance, and non‑interference with witnesses or evidence. The order directed the applicant’s release on bail if arrested and imposed specific conditions to ensure cooperation with the investigation.

Issues considered

  • Whether anticipatory bail should be granted to the applicant accused of assisting in the disposal of a dead body
  • Whether the applicant’s compliance with prior court orders and lack of antecedents warrant bail
  • What conditions, if any, should be imposed on the grant of anticipatory bail in such a case

Subjects

  • anticipatory bail
  • destruction of evidence
  • body disposal
  • criminal procedure
  • bail conditions

Judgment

                                                                15-ABA-2391-2026.DOC




                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CRIMINAL APPELLATE JURISDICTION
                    ANTICIPATORY BAIL APPLICATION NO. 2391 of 2026
           Kunal Namdev Mahale                                     …Applicant
                       Vs.
           State of Maharashtra and Anr.                           …Respondents


           Mr. Himanshu S. Gavit, for the Applicant.
           Ms. M.R. Tidke, APP for the Respondent-State.
           PI Nitin Aandhle, Panchvati, Nashik, present.
           HC Ahirrao, Panchvati, Nashik, present.


                                  CORAM:      MADHAV J. JAMDAR, J.
                                  DATE :      05th October, 2026
           P. C.:

           1.       Heard, Mr. Gavit, learned counsel appearing for the

           Applicant and Ms. Tidke, learned App for the Respondent-State.



           2.       At the outset, learned counsel appearing for the Applicant

           states that, the order dated 11th September, 2026 passed by this

           Court has been complied with and the Applicant has attended the

           concerned Police station on 28th September 2026 and 29th

           September 2026. He also relied on order dated 12 th June, 2026

           passed by the learned Single Judge in Criminal Anticipatory Bail

           Application No. 208 of 2026 in the case of Co-accused- Akash

           Rajendra Dolas, and submits that his role is also same. He further


Aftab S.
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           submitted that the only allegation against the Applicant is of the

           destruction of evidence as the Applicant helped the co-accused to

           dispose the dead body of the deceased. Learned counsel appearing

           for the Applicant, submits that there are no other antecedents.



           3.      On the other hand, Mrs. Tidke, learned APP submits that the

           offence is very serious as the Applicant has helped the co-accused

           to dispose the dead body of the deceased.



           4.      Perusal of the record shows that the only role attributed to

           the present Applicant is helping the main accused in disposing of

           the dead body. The main Accused has already been arrested. There

           are no other antecedents.



           5.      As case is made out for grant of anticipatory bail by

           imposing stringent conditions, the following order is passed :


                                          ORDER

                a) In the event of arrest of the Applicant- Kunal

                  Namdev Mahale, in connection with C.R. No.78 of

                  2024 registered with the Pachnvati Police Station,

                  Nashik City, the Applicant is directed to be released


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             on bail on his furnishing P.R. Bond in the sum of

             Rs.30,000/- with one or two solvent sureties in the

             like amount.


           b) The Applicant shall attend the concerned Police

             Station on 12th October, 2026 and 13th           October,

             2026 and shall cooperate with the investigation. The

             Applicant shall attend the concerned Police Station

             once in a month, i.e., 1st Sunday of each month till

             the conclusion of the trial.



           c) The Applicant shall furnish his cell phone number

             and residential address to the Investigating Officer

             and shall keep the same updated, in case of any

             change thereto.



           d) The Applicant shall not directly or indirectly make

             any inducement, threat, or promise to any person

             acquainted with the facts of the case so as to

             dissuade such a person from disclosing the facts to

             the Court or to any Police personnel.




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                                       05th October, 2026
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                e) The Applicant shall not tamper with the prosecution

                  evidence and shall not contact or influence the

                  Complainant or any witness in any manner.



           8.    The Anticipatory Bail Application is disposed of accordingly.


                                                        [MADHAV J. JAMDAR, J.]




Aftab S.
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